CHAPTER 74

STATE EMPLOYEE RELATING TO COMPUTING THE NUMBER OF YEARS OF SERVICE

AN ACT TO AMEND CHAPTER 104, VOLUME 45, LAWS OF DELAWARE, 1944-45, AS AMENDED, ENTITLED "AN ACT PROVIDING FOR THE PAYMENT OF PENSION BENEFITS TO CERTAIN STATE EMPLOYEES, FIXING AGES OF RETIREMENT, ESTABLISHING BENEFITS PAYABLE AND THE SOURCE OF PAYMENT THEREOF, PROVIDING FOR APPLICATIONS FOR PENSIONS AND THE PROCEDURE TO BE FOLLOWED WITH RESPECT THERETO, PROVIDING THAT PENSION BENEFITS SHALL BE FREE OF ATTACHMENT AND NON-ASSIGNABLE, AND PROVIDING FOR THE REDUCTION OF BENEFITS UNDER CERTAIN CONDITIONS," WITH REFERENCE TO COMPUTING THE NUMBER OF YEARS OF SERVICE OF CERTAIN EMPLOYEES OF THE DELAWARE STATE EMPLOYMENT SERVICE TRANSFERRED TO THE WAR MANPOWER COMMISSION AND RETURNED TO STATE SERVICE AT THE CONCLUSION OF WORLD WAR II.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 104, Volume 45, Laws of Delaware, 1944-45, be and the same is hereby further amended by adding at the end thereof a new paragraph as follows:*

"Any other provision of this Act notwithstanding, an employee shall be considered in 'Covered employment' (1) while the employee was a regular salaried employee of the Federal Government, engaged in employment service functions in this State during the period January 1, 1942 to November 15, 1946, with respect to which period of federal service the employee is not entitled to credit under the Federal Civil Service Retirement System, and after which period of federal service, the employee returned to State Service in the Delaware Unemployment Compensation Commission in accordance with the provisions of the Act of Congress (Public Law 549, approved July 26, 1946) known as the Labor-Federal Security Appropriation Act, 1947, and (2) while the employee receives or has received a regular salary from a State agency that is supported wholly or in part by funds granted to the State by the Federal Government. Provided, that such employee shall not be considered eligible for any pension under this Act based upon such 'Covered employment' with respect to any period for which such Federal funds are not made available for the purposes of this Act."

Approved May 9, 1951.